FREE POPIA TOOLKIT
SUPPORTING TEMPLATE
Data Transfer Agreement
1. Parties
This Data Transfer Agreement (“Agreement”) is entered into on [Insert Date] between:
[Insert Name of Data Exporter], a company registered under the laws of [Insert Country], with its registered office at [Insert Address] (“Data Exporter”), and
[Insert Name of Data Importer], a company registered under the laws of [Insert Country], with its registered office at [Insert Address] (“Data Importer”).
Collectively referred to as the “Parties” and individually as a “Party”.
2. Background
2.1 The Data Exporter holds personal information that is relevant to the purposes of the Data Importer.
2.2 The Data Importer requires access to the personal information held by the Data Exporter for specified purposes.
3. Purpose
The purpose of this Agreement is to set out the terms and conditions governing the transfer of personal information from the Data Exporter to the Data Importer.
4. Scope
4.1 The Data Exporter agrees to transfer personal information to the Data Importer for the following purposes: [Insert Purpose(s)].
4.2 The Data Importer agrees to use the personal information solely for the purposes specified in this Agreement and in accordance with applicable data protection laws and regulations.
5. Responsibilities
5.1 Data Exporter Responsibilities:
- Transfer personal information to the Data Importer for the specified purposes.
- Ensure that the personal information transferred is accurate and up to date.
- Monitor the Data Importer’s compliance with this Agreement.
5.2 Data Importer Responsibilities:
- Use the personal information transferred by the Data Exporter only for the specified purposes.
- Implement appropriate technical and organizational measures to ensure the security of personal information.
- Assist the Data Exporter in responding to data subject requests and inquiries.
6. Security Measures
The Data Importer shall implement appropriate technical and organizational measures to ensure the security of personal information, including but not limited to:
- Encryption of personal information during transmission and storage.
- Access controls and authentication mechanisms.
- Regular security audits and assessments.
7. Data Subject Rights
The Data Importer shall assist the Data Exporter in responding to data subject requests to exercise their rights under applicable data protection laws and regulations.
8. Data Retention
The Data Importer shall retain the personal information transferred by the Data Exporter only for as long as necessary to fulfill the purposes specified in this Agreement.
9. Confidentiality
The Parties shall treat all personal information transferred under this Agreement as confidential and shall not disclose it to any third party without the prior written consent of the other Party.
10. Term and Termination
This Agreement shall remain in effect for the duration of the data transfer activities and may be terminated by either Party in accordance with the terms of this Agreement.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [Insert Governing Law].
12. Entire Agreement
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.
[Signature of Data Exporter]
Name: [Print Name]
Title: [Title]
Date: [Date]
[Signature of Data Importer]
Name: [Print Name]
Title: [Title]
Date: [Date]
This Data Transfer Agreement establishes the terms and conditions governing the transfer of personal information from a Data Exporter to a Data Importer, ensuring compliance with data protection laws and regulations, including the Protection of Personal Information Act (POPIA) in South Africa.
